Moro's proposal is considered a "time bomb" for the penitentiary system; understand

Publicist of Fato Brazil

Leonardo Fernandes

controversial proposals, which have been criticized by experts in the penitentiary system and criminal law. One of them is Plea bargaining a model that provides clandestine agreements between the prosecution and the accused. The idea is that the defendant should be persuaded to confess the crime in exchange for benefits, so that the process does not extend.

In concluding the agreement, in the Plea bargaining model right not to incriminate oneself and agrees not to be tried by an impartial jury. Due to the disparity of forces between the two parties, the accused sometimes feels obliged to accept the agreement even without being guilty.

In the United States, the application of this model has aggravated the problems of the penitentiary system –

In order to understand the possible legal and social implications of the import of wound negotiation the facts report presented by Brazil presents below the interpretation of different jurists on the subject.

History

Prior to joining the Jair Bolsonaro (PSL) government, Moro served as a magistrate in Curitiba (PR) during the Lava Jato operation from 2014 to 2018. At that time, the Awarding of prizes has become a method. preferential investigation and questioning because it threatens the right of defense of Brazilian citizens.

The Plea Agreement is considered even more graceful ve Brazilian legislation on "winning collaborations" requires that prosecutions be initiated even in cases where the accused have confessions. In the American model, no. That's what Clarissa Nunes, a criminal lawyer and a member of the Brazilian Association of Jurists for Democracy (ABJD)

says, "In the process of awarding, the process is guaranteed, there is the recording of witnesses, the production of evidence, and the defendant who renders the sentence must prove that his allegation is well founded and has evidence, "he badyzes, despite the problems arising from Unlimited use of floods in the Lava Jet

Nunes claims that the results of the plea bargain in the United States refute the claim that it would be effective. an effective tool in the fight against crime. In addition, if it was applied in Brazil, this model would be a kind of "time bomb" and could worsen the problem of overpopulation in the country.

"The United States now has 2.3 million people without reducing the rates of violence." Recent studies in 2017 show that the rate of homicides in the United States, for example, is six times higher than in developed countries, and these countries are applying much more alternative sanctions, such as the Netherlands, which close prisons and reduce crime considerably ", Nunes compares

Other Views

To the Portal Conjur Criminal Investigator and Doctoral Student in Criminal Procedure of the Humboldt University of Berlin, Luis Henrique Machado, lamented Moro's proposal: "The United States have the largest prison population in the world, mainly blacks and the poor, children are serving a life sentence and the death penalty is still in force in some states of the federation. It is important to remember that about 95% of criminal cases are closed through plea bargaining, in which numerous complaints from convicted persons accuse the body of Investigation to compel the conclusion of an agreement. Unfortunately we import the worst of the United States. "

For criminal law lawyer, Aury Lopes Júnior, the expansion of the bargaining space is a global trend, but the model advocated by Moro represents a complete lack of jurisdiction over This Americanization à la carte is a serious mistake, in addition to being incompatible with our model civil law and with the powers of our Attorney General.

Judge Luis Carlos Valois opposes the proposal and denounces the fact that it further disrupts the judiciary of the real problems of the people. "Because the judiciary does not become popular, does not democratize? Because it has privileges, it has a salary that can not pay for many judges, so it accepts the reduction of its own activity for claiming to act in the name of justice Plea bargaining is not justice Plea bargaining is an administrative subterfuge of an activity that should be judicial.

"That would greatly increase the power of the prosecution, which should in turn be able to defend the power of the prosecutor, Of ​​course, it is a very important body for justice, but it is also a judicial review body. It is not only the duty to blame. Through an agreement that badumes the equality between the prosecution and the defendant, and this equality is not what we normally see. Without the approval of a judge, it ends up generating even more inequality. "

The Ministry of Justice and Public Security, under the command of Judge Moro, has a new structure, including areas previously under the care of other ministries. As of 2019, Federal Police (FP), Federal Highway Police (PRF), National Penitentiary Department (Depen), National Anti-Piracy Councils and Intellectual Property, Drug Policy. Criminal and Penitentiary Policy, Public Security, Immigration, Archives, as well as the Financial Activities Control Board (Coaf) and the Federal Administration Board of the Diffuse Rights Fund